BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20150018982 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x_____ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20150018982 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 16 February 2007 as follows: a. Delete from item 12f, "0000/00/00," replace with, "0000/11/11." b. Add to item 13: * Army Commendation Medal (2nd Award) * Army Achievement Award (1st Award) * Iraq Campaign Medal with two bronze service stars * Overseas Service Ribbon * Combat Action Badge * Driver and Mechanic Badge with Driver-T and Mechanic Component Bars c. Add to item 18, "SERVICE IN KUWAIT/IRAQ 20051130 - 20061109." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the addition of his successful completion of the H8 Recovery Operations Additional Skill Identifier Course and two Certificates of Achievement to his DD Form 214. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20150018982 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests: a. Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his: (1) Service in Iraq. (2) Already-awarded awards: * Army Commendation Medal (2nd Award) * Army Achievement Award (1st Award) * Combat Action Badge * Driver and Mechanic Badge with Driver-T and Mechanic Component Bars (3) Two Certificates of Achievement. (4) Successful completion of the H8 Recovery Operations Additional Skill Identifier (ASI) Course. b. To be awarded the Purple Heart. 2. The applicant states, in effect, his DD Form 214 does not show his service in Iraq, a number of his awards, and is missing the fact he completed H8 Recovery Operations ASI Course. In addition, he believes he is eligible for the Purple Heart. a. During his service in Iraq, he incurred a traumatic brain injury (TBI) following the detonation of an improvised explosive device (IED). Although there are no records showing he received medical care for his TBI, he has since been granted a service-connected disability for this medical condition by the Department of Veterans Affairs (VA). b. He states that at the time of the incident, he did not realize he had been injured. Instead of seeking medical attention, he was instructed to work on the vehicle that had been damaged by the IED. His only thought was to make sure his fellow Soldiers returned safely to their forward operating base. He subsequently realized he had suffered a TBI. 3. The applicant provides: * DD Form 214, ending 16 February 2007 * Permanent Orders (PO) Number 135-036, dated 15 May 2006 * PO Number 6152-30, dated 5 June 2006 * PO Number 6171-29, dated 20 June 2006 * Army Achievement Medal Certificate; period 1 to 2 September 2006 * Army Commendation Medal Certificate; period 29 November 2005 to 15 November 2006 * Army Commendation Medal Certificate; period 1 July 2005 and 16 February 2007 * two Certificates of Appreciation, one undated, and the other dated 15 November 2006 * three letters from the VA, all dated 14 November 2015 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. Regarding his request for the award of the Purple Heart: a. Paragraph 2-5 of Army Regulation (AR) 15-185 (ABCMR) [the regulation under which this Board operates], states the Board will not consider any application if it determines the applicant has not exhausted all administrative remedies available. The evidence indicates his request is premature. b. Per AR 600-8-22 (Military Awards), the U.S. Army Human Resources Command has the authority to approve or disapprove recommendations for the award of the Purple Heart for those Soldiers who did not receive this award while serving in an unit with wartime approval authority. In an email, dated 10 May 2017, an official from HRC confirmed HRC had not received any applications from the applicant for the award of the Purple Heart. c. The applicant is advised to submit his request for the award of the Purple Heart to the U.S. Army Human Resources Command (HRC), Army Decorations Board, ATTN: AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408. (1) According to the HRC website, the following evidence should accompany his request: * deployment orders * Enlisted Record Brief * one-page narrative describing the qualifying incident and the conditions under which the applicant was injured * statements from at least two individuals, other than the applicant, who were personally present, observed the incident, and have direct knowledge of the event * casualty report (if applicable) * medical records which confirm the injury and its treatment * DD Form 214 (2) More information can be obtained from the HRC website at: https://www.hrc.army.mil/content/Purple%20Heart d. Based on the foregoing, this portion of his request will not be further addressed in the Record of Proceedings. 3. The applicant enlisted in the Regular Army on 23 October 2003. He held military occupational specialty 63A (Abrams Tank System Maintainer). 4. The applicant's official military personnel file (OMPF) is void of orders showing a deployment to Iraq; POs indicating the awards of the Army Achievement Medal and Army Commendation Medal (2nd Award); and/or documents showing successful completion of H8 Recovery Operations ASI Course. Additionally, there are no Certificates of Achievement. It does contain the following: * PO Number 135-036, dated 15 May 2006, issued by Headquarters, Multi-National Division (Baghdad), awarding the Combat Action Badge * PO Number 6152-30, dated 5 June 2006, issued by 2nd Battalion, 8th Infantry Regiment, awarding the Driver and Mechanic Badge with Mechanic Component Bar * PO Number 6171-29, dated 20 June 2006, issued by 2nd Battalion, 8th Infantry Regiment, awarding the Driver and Mechanic Badge with Driver-T Component Bar * Army Commendation Medal Certificate (1st Award), period 29 November 2005 to 15 November 2006, based on PO Number 158-038 5. He was honorably released from active duty on 16 February 2007 due to completion of required active service. His DD Form 214 shows he completed 3 years, 3 months, and 24 days of net active creditable service. a. Item 12f (Foreign Service) shows no foreign service. b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon c. Item 14 (Military Education), lists Track Vehicle Repairer Course, 8 weeks, 2004. 6. The applicant provides: a. Evidence identified as TBI supporting documents, which includes the PO awarding the Combat Action Badge; a certificate of achievement, undated, issued by Charlie Company, 2nd Battalion, 8th Infantry Regiment, 4th Infantry Division (Mechanized), for repairing a damaged track vehicle; and letters from the VA. None offer details as to the date or location of the incident, specific injuries sustained, that the applicant sought and obtained medical assistance, and that an official record was made of such treatment. b. Army Commendation Medal Award Certificate (2nd Award), for the period 1 July 2004 to 16 February 2007, awarded by PO Number 299-16. c. Army Achievement Medal Award Certificate, for the period 1 to 2 September 2006, awarded by PO Number 6280-03, dated 7 October 2006. d. Certificate of achievement, dated 15 November 2006, issued by the 2nd Brigade Combat Team "Warhorse" for support for the period 29 November 2005 to 15 November 2006. 7. In an email, dated 6 September 2016, an official from the Defense Finance and Accounting Service (DFAS) affirmed the applicant was paid Hostile Fire/Imminent Danger Pay and Combat Zone Tax Exclusion (HF/IDP and CZTE) for service in Kuwait from 30 November 2005 through 9 November 2006 (11 months and 11 days). He has qualifying service for two campaigns: * Iraqi Governance (29 June 2004 to 15 December 2005) * National Resolution (16 December 2005 to 9 January 2007) REFERENCES: 1. AR 635-8 (Separation Processing and Documents) prescribes policy and gives guidance for the completion of the DD Form 214. It states: a. Item 13 will list all Federally recognized awards and decorations for all periods of service. There is no mention of including certificates of achievement. b. In regard to item 18, Soldiers who deployed with their unit during their continuous period of active service should have the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" entered. 2. AR 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The Iraq Campaign Medal is awarded to members who served in direct support of Operation Iraqi Freedom. The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011. Servicemembers must have been assigned to units operating in the area of eligibility for 30 consecutive days, or for 60 nonconsecutive days. A bronze service star is authorized for wear with this medal for participation in each credited campaign. b. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. According to the Awards Branch at U.S. Army Human Resources Command (HRC), Iraq and Afghanistan are considered isolated areas where tour lengths have not been established by the Department of Defense. Soldiers who serve 11 cumulative months in a 24-month period or 9 months continuous in Iraq or Afghanistan get credit for a completed short tour. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. DFAS verifies the applicant was deployed to Kuwait, and received HF/IDP and CZTE for the period 30 November 2005 through 9 November 2006 (equating to 11 months and 11 days). DFAS is considered the authoritative source when determining foreign service credit based on receipt of HF/IDP and CZTE. However, their system may not show all locations to which a Soldier was sent during this deployment. Based upon the documents provided by the applicant, it is reasonable to presume he served in both Kuwait and Iraq during this period. 2. Regarding the applicant's awards: a. PO awarded him the Army Commendation Medal (2nd Award), Army Achievement Medal (1st Award), the Combat Action Badge, and Driver and Mechanic Badge with Mechanic and Driver-T Component Bars. b. His service in Iraq qualifies him for the Iraq Campaign Medal with two bronze service stars. In addition, his 11-month service in Iraq is sufficient for the award of the Overseas Service Ribbon. c. He requests his two Certificates of Achievement be reflected on his DD Form 214. By regulation, the DD Form 214 only shows Federally recognized awards and decorations, and there is no requirement or authorization to list Certificates of Achievement. 3. As to his successful completion of the H8 Recovery Operations ASI, the available records are void of any documentation showing either attendance at or his successful completion or the course. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018982 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018982 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2